Ballots to remain uncounted in MI and Stein blocked in Philly. Guest: Election integrity, law expert Paul Lehto says this proves 'only option is to get it right on Election Night'. Also: Trump taps climate denier, fossil-fuel tool for EPA...

On Monday, the American Civil Liberties Union (ACLU) of Northern California and the National Lawyers Guild filed a 17-page complaint (Campbell vs. City of Oakland) in the U.S. District Court for the Northern District of California seeking both compensatory damages and the issuance of a temporary restraining order that would enjoin the Oakland Police Department (OPD) and 17 outside law-enforcement agencies from trampling upon the constitutional rights of both bystanders and participants in Occupy Oakland.

The complaint calls for the OPD to cease their vicious, unprovoked and indiscriminate use of chemical agents, flash-bang grenades, nightsticks and direct-impact crowd control weapons --- all in violation of Crowd Control Policies adopted as part of a settlement of two previous federal cases entailing allegations of prior lawless actions by OPD.

The body of the complaint provides graphic details of police misconduct that is so pervasive that the legal filing might aptly be labeled, "an anatomy of an ongoing police riot" or "OPD's campaign of terror"...

Well, this'll teach those lazy kids. Thankfully, the good men and women of law enforcement are here to help keep these dangerous mobs from getting out of hand!.

Get a job, hippie! Am I right, Fox "News"?!

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UPDATE 11/17/11: Wow. Olbermann's interview below with the woman seen above, the remarkable 84-year old Dorli Rainey --- who grew up in Nazi Germany(!) --- is an absolutely MUST SEE. Current TV describes the interview this way (though it doesn't adequately detail the full contents of her remarks)...

Eighty-four-year-old activist Dorli Rainey tells Keith about her experience getting pepper-sprayed by the police during an Occupy Seattle demonstration and the need to take action and spread the word of the Occupy movement. She cites the advice of the late Catholic nun and activist Jackie Hudson to “take one more step out of your comfort zone” as an inspiration, saying, “It would be so easy to say, ‘Well I’m going to retire, I’m going to sit around, watch television or eat bonbons,’ but somebody’s got to keep ’em awake and let ’em know what is really going on in this world.”

As you know, just after midnight on Tuesday, NYC Mayor Michael Bloomberg had to forcibly evict peaceful Occupy Wall Street protesters with NYPD riot police, in order to send them in to the streets in middle of the night, for their "health and safety." As we reported yesterday, one of those cops reportedly threatened a Mother Jones journalist by dragging him behind a truck that was backing up, telling him "you could get hurt."

After the NYPD succeeded in removing the peaceful demonstrators --- or "thugs," as they are often described to propaganda-receptive Fox "News" viewers --- from Zuccotti Park, these are the fine folks (off-duty NYPD officers?) hired by the park's owners, Brookfield Properties, to replace them as it was cleaned...

In very related news...the Occupiers in Washington, D.C., in solidarity with their brethren in New York City, decided to Occupy the headquarters of Brookfield Properties yesterday. Some video of their "People's Mic" session in the lobby follows below...

One of the most remarkable moments we were able to follow, as it occurred, during the events of last night, as NYC Mayor Michael Bloomberg carried out his middle-of-night eviction of Occupy Wall Street demonstrators at Zuccotti Park, happened at about 4am or so Eastern Time.

Despite the (outrageous) ban on media at the park, as hundreds of NYPD cops in riot gear cleared the peaceful demonstrators for "health" reasons --- tossing them out of their tents, onto the streets and into the night --- Mother Jones reporter Josh Harkinson was able to make his way under the barricades and back into the park.

At the time he did so, there were a few dozen protesters left, holding firm around what had been the Kitchen Tent. It seems he may have been the only reporter in the park at that moment. Then, as he described this morning, the cops began "indiscriminately dousing the peaceful protesters with what looked like pepper spray or some sort of gas." He tweeted at the time that "Everyone I witnessed being arrested was resisting peacefully."

But it was his incredible account of what had happened to him after that moment, as told in a series of tweets that he shared after he had made his way back out of the park last night, which was extraordinary. Here is that remarkable set of tweets, in the order he tweeted them...

I was up most of the night following Mayor Bloomberg's NYPD eviction of the original Occupy Wall Street demonstration at Zuccotti Park, as it happened, via live streaming video (which may still be rolling at this hour right here) and via Twitter.

The surprise eviction by hundreds of cops in riot gear after midnight in NYC was done as protesters were told to suddenly clear the park for "health" reasons. In other words, Bloomberg threw hundreds or thousands of folks onto the streets of NYC in the middle of the night, for their health.

If I can offer any order out of the pointless, NYPD-caused chaos tomorrow, I will. Hopefully by then, others will have offered sufficient coverage.

Suffice to say for now, at least, what thousands of us witnessed tonight was appalling. At least those of us who sought it out, as none of the NYC local channels were covering it live and neither were any of the cable news channels MSNBC, CNN or Fox. As a matter of fact, other than citizen media streaming live on the Internets, only Al-Jazeera jumped in to offer live coverage.

Hours on end, thousands of peaceful demonstrators were roaming and marching the streets after being evicted from the park, all of the belongings, tents, gear, from two months of the Occupation in the park --- including thousands of books from The People's Library and their bicycle-powered generator --- were trashed and thrown into garbage trucks.

Network news helicopters were reportedly grounded during the raid, as air space above the park was shut down and --- perhaps most maddeningly --- media were not allowed into the park itself as the park was cleared, and as the last of the demonstrators who refused to leave were evicted, arrested, and, reportedly either tear gassed or pepper sprayed (though that is not confirmed --- because media were not allowed in the park!)

First Amendment, RIP.

I took a "quick poll" of my Twitter followers late at night to ask who would be hurt the most by the events of tonight, #OWS or Bloomberg? The vast consensus --- all but one --- replied to say that Bloomberg would be hurt, and that OWS would grow because of this. I don't know if that'll prove to be the case or not, but if I had to guess, I'd say they're probably right. The entire thing does seem to have been incredibly stupid and ill-considered on the part of Bloomberg and the NYPD.

Too tired to add links to any of the above, or offer more tonight. But, as I say, scroll through my Twitter page for detailed coverage of much of what happened tonight. If need be, I'll try to fill in any holes tomorrow. Signing off at 3am PT (6am in NYC as crowds continue to try and regroup as the sun will soon rise.)

UPDATE 11/16/11: After the riff-raff was cleared from the park, they were replaced by upstanding folks hired by Brookfield Properties, the "owner" of the public park, as security. One of those fine folks called a citizen journalist a "faggot" on video, in the bargain. Details/video...

On Sunday afternoon I found myself in a spirited Twitter debate about Occupy Wall Street, its effectiveness as a movement and, of most interest to me, the First Amendment rights of the Occupations around the country as the attempts to evict the Occupiers, by local mayors and police departments in a number of cities have been slowly, but surely, ramping up over the last several days and weeks.

This particular debate was not of the sort you're likely to see in the MSM, in that it didn't include any Rightwingers and their fake arguments. (If you're interested in one of those debates, see my radio debate with a RWer last week here.) It included a few self-identified progressives, a few self-identified Democrats and Obama supporters (who do not necessarily consider themselves progressives, and often view them with scorn), and a few attorneys. None of the participants were Republicans or Tea Baggers...

Some of the police brutality that has occurred at Occupy demonstrations around the country has been appalling. It's particularly upsetting to watch as those cops seen violating the law and the Constitutional rights of demonstrators are also part of the "99 Percent" themselves.

One of them --- Officer Fred Shavies of the Oakland PD, who was revealed as an undercover infiltrator at Occupy Oakland --- now concedes as much in an extraordinarily moving interview in which he condemns the violence by his fellow cops and says he sees the Occupy movement as a possible "turning point, the tipping point" for our generation.

"It looks like...police shot tear gas into it, right?" says Shavies, referencing the October 25 violence in Oakland at the intersection of 14th & Broadway that The BRAD BLOG has documented in great detail here (see here, here and here for example). "That could be the photograph or the video for our generation. That’s our Birmingham," he explains, alluding to the police brutality that occurred during the otherwise peaceful fight for voting rights in the South during the 60s.

"So, twenty years from now this movement could be the turning point, the tipping point," Shavies says during the interview, as he identifies with the protesters in the "99 percent" movement, adding that he is one of them. [Video and more excerpts below.]

We're not among the anti-cop folks around here. We have, however, reported in great detail on the lawlessness demonstrated by some of the "law enforcement" officials in Oakland, referenced by Shavies, as well as the serious injuries they've inflicted on peaceful demonstrators and even some who weren't demonstrating at all.

So while we don't oppose the lawful men and women of law enforcement, some of them seem to be working awfully hard to give their brothers and sisters a very bad name. Those who have done so must be held accountable for their actions.

You've seen some of the videos of NYPD officers violently pepper spraying peaceful demonstrators, and the videos from Oakland as seen in the articles linked above. Here are two more recent examples of appalling police behavior as witnessed on video tape.

The first is from Occupy Berkeley on Wednesday, where the actions seen below were reported by AP as little more than police "nudging" demonstrators:

Television news footage from outside the university's main administration building showed officers pulling people from the steps and nudging others with batons as the crowd chanted, "We are the 99 percent!" and "Stop Beating Students!"

We're posting this on 11:11 on 11/11/11, just because we can and will never get another chance to do so. At least until maybe later tonight...

We'll also take this opportunity, on Veterans Day, to thank those who have put their lives on the line in service of our nation to help protect the freedoms guaranteed by our Constitution. Today, we are particularly thankful to those who are continuing the fight for our freedoms back here at home, where they are most at threat, as part of the Occupy Movements across the country.

There are not enough 11s in this moment to thank you all for what you have done and continue to do. We only hope this nation can remember to return the favor.

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P.S. In addition to Iraq and Afghanistan vets seriously injured during lawless "crackdowns" by law enforcement officials at Occupations around the Nation, including Scott Olsen and Kayven Sabehgi who are still recovering, and like Joshua Shephard who was willing to face tear gas in order to stand up for the First Amendment, our great thanks also goes to folks like decorated Iraq War veteran, Sgt. Shamar Thomas, the former U.S. Marine who loudly reminded the police of New York City, in the early days of the Occupy Wall Street demonstrations, of their Constitutional duty on behalf of all of us.

If you've not seen following video of Thomas schooling members of the NYPD, in early October --- after witnessing some of them "pulling people from the crowd" and "beating" the --, by loudly reminding them that "this is not a war zone...It doesn't make you tough to hurt these people...there's no honor in this," please take a few minutes to both watch it below, and then read on for a personal note...

Yeah, I know, the GOP is at War against citizens' rights to do just about everything that isn't U.S. Chamber of Commerce approved these days. That's just one of the reasons citizens are finally taking to the streets to fight back. One of the ongoing Republican Wars getting very little attention is their War on the right of citizens to sue huge corporations for negligence, malfeasance and other wrong-doing.

A few weeks ago I spent some time at a conference for mass tort plaintiff attorneys in Las Vegas, as hosted by my friend Mike Papantonio, the co-host of radio's Ring of Fire (along with Robert F. Kennedy, Jr. and Sam Seder). Pap is one of the nation's premier class action plaintiff attorneys, one of those folks willing to go to bat for the little guy when they're screwed over by huge conscience-free corporations.

I was invited to the conference to speak on a panel concerning the proposed $12 million hit scheme discovered earlier this year being plotted on behalf of the U.S. Chamber of Commerce to turn tools developed by U.S. government contractors for the "War on Terror" against U.S. citizens like myself and my family. According to emails released on the Internet, the Chamber was working with mega-law firm Hunton & Williams and three federal cyber-security firms (HBGary Federal, Palantir Technologies, and Berico Technologies) to smear, defraud, plant false documents, and spy on their perceived political enemies such as myself and other progressive organizations.

The Chamber, which is all too happy to use mafia-like tactics to take down its perceived opponents, has also long been leading the charge on behalf of their enormous corporate members for so-called "tort reform," meant to do little more than make it next-to-impossible for citizens to fight back in a court of law against corporate abuse, neglect, and malfeasance...

New video has emerged (posted below), courtesy of ThinkProgress of an apparently unprovoked Oakland police officer shooting a cameraman during a recent stand-off with Occupy Oakland demonstrators.

In an email to The BRAD BLOG, Sgt. Christopher Bolton, Oakland PD's Chief of Staff, confirmed that the incident involved an "OPD use of force" which took place at 16th Street near San Pablo Ave. in Oakland on the morning of Nov. 3, 2011 and that the matter was "under investigation." (Recall that a general strike took place in Oakland on Nov. 2. This event, per the cameraman, took place shortly after midnight.)

However, Bolton did not directly answer specific follow-up questions designed to pin down details of the incident.

At YouTube, the unidentified cameraman denied that there had been any "violence or confrontation of any kind underway" at the time the OPD officer can be seen aiming and firing (as seen 31 seconds into the 40 second video below.)

Because this potentially involves an unprovoked police assault on a citizen-journalist, the issue at stake entails more than police misconduct. If it was unprovoked battery, the incident reflects nothing less than a direct assault on the First Amendment, democratic accountability and the public's right to monitor police misconduct.

The Oakland Police Department is walking back widely reported comments offered by its Interim Chief, Howard Jordan, at an Oct. 25 televised press conference (video posted below) that law enforcement "had to deploy gas in order to stop the crowd and people from pelting us with bottles and rocks."

The press conference had been conducted shortly after a melee which included the deployment of chemical agents on peaceful demonstrators. The police use of force resulted in injuries to, among others, a two-tour Iraq veteran who sustained a fractured skull and was admitted to the hospital in critical condition. The violent confrontation raised questions about the legality of the procedures carried out by the OPD and the 15 other law enforcement agencies that cooperated in the multi-agency task force.

In response to questions emailed by The BRAD BLOG to the Oakland PD's Chief of Staff, Sgt. Chris Bolton conceded that the department was unable, at this time, to substantiate claims made by Jordan that gas was deployed in order to protect law enforcement personnel from violent demonstrators, despite the Chief's unqualified claim that evening that "the deployment of gas was necessary to protect our officers and protect property around the area and to protect injuries to others as well."

Instead, Bolton softened Jordan's initial claim. The sergeant described it as "the Chief's preliminary belief."

Jordan failed to qualify his statements as a "preliminary belief" at the time he addressed reporters about the use of CS gas during his televised Oct. 25 press conference. Indeed, the Interim Chief spoke of the necessity to deploy chemical agents "to stop the crowd...from pelting us with bottles and rocks" as if it were an established fact.

We sent our questions to the OPD on the heels of a detailed analysis of video taken during the late night confrontation at 14th and Broadway, as well as interviews with eye witnesses conducted last week by The BRAD BLOG. In our own investigation, to date, we have been unable to unearth evidence to support Jordan's assertion that the police initiated the assault in order to defend against either projectiles or any other threat of imminent violence from demonstrators. In fact, the video evidence included in our report reveals that law enforcement officials had determined to use tear gas on the crowd long before any threat was posed by demonstrators.

Our investigation also concluded that the OPD's actions were likely in violation of both California state law, as well as in direct contravention with an OPD Training Bulletin created as part of a mandate following a federal consent decree signed by the department after a similarly violent confrontation with peaceful demonstrators back in 2003...

This follows on the story of former Marine and two-tour Iraq vet Scott Olsen, whose skull was fractured, allegedly, by a police projectile during demonstrations at Occupy Oakland on October 25th, as we've reported on previously (here, here and, most recently, here).

Now we learn of a second serious injury to an Iraq (and Afghanistan) vet, Kayvan Sabehgi, at the hands of the Oakland PD in response to peaceful demonstrations late last month. He was reportedly in intensive care Friday following surgery for a ruptured spleen, more than 10 days after the Oakland PD's confrontation with demonstrators. Sabeghi was reportedly beaten, arrested, and kept in jail without medical care for some 24 hours after the incident, even though he wasn't even a part of the demonstration and was simply trying to get home that night.

As The BRAD BLOG reported exclusively last week, the Oakland PD appears to have initiated the use of chemical agents against peaceful protesters in violation of both state law and a federal consent decree agreed to after a similarly illegal and violent confrontation with demonstrators in 2003. Both video tape evidence and eye-witnesses testimony suggest the violence was instigated by law enforcement officials, rather than demonstrators, in direct contradiction to the claim by Oakland's Interim Police Chief Howard Jordan that police "had to deploy gas in order to stop the crowd and people from pelting us with bottles and rocks."

The revelations of the Sabehgi story make an already appalling story even more so...

Breakfast in America on Thursday, in Chicago, with WI's Republican Gov. Scott Walker, after Occupiers had recently been rounded up and mass arrested, with the approval of Chicago's Democratic Mayor Rahm Emanuel, for exercising their First Amendment rights.

The great patriots comprising Occupy Wall Street demonstrations across the nation hardly need my input on the "demands" they continue to try and narrow down and achieve consensus on. I'm quite sure they've got more than enough folks out there making their case for all manner of "demands" given the past 30 years (or more) of utter neglect, corruption and abuse the good citizens of this nation have otherwise been forced --- up until now --- to accept as "politics as usual."

Nonetheless, I've been meaning to ring in on this (and did so recently in a brief comment), so perhaps I should do so quickly here, where it's likely to catch a few more Occupied eyeballs.

I offer the following simple "demand" for consideration by OWS, as this one likely underscores almost every other. Or, at least, without it, all other demands may ultimately be rendered moot.

Here it is. One demand that seems simple enough --- and is as non-partisan as can --- for your consideration:

Every U.S. citizen 18 years of age or older who wishes to vote, gets to vote. Period. Those votes, on hand-marked paper ballots, will be counted publicly, by hand, on Election Night, at the precinct, in front of all observers and video cameras.

Please help spread this to the Occupiers if you agree its important. For example, Tweet it (or a link to this article) like mad (with #ows in the text), and/or spread it via Facebook and/or print it out and take it to a General Assembly at an Occupation near you!

In the wake of a violent, night-time confrontation with Occupy Oakland demonstrators last week by the Oakland Police Department (OPD) and some 15 other law enforcement agencies, questions have arisen about the legality of the tactics used by the agency during mass arrests which led to serious injuries, including the fractured skull of a two-tour Iraq vet.

Oakland's Interim Police Chief Howard Jordan has maintained that the use of chemical agents and other so-called "less than lethal" weapons were required in order to defend law enforcement officials from demonstrators.

However, a forensic analysis by The BRAD BLOG of video taken immediately prior to and during last week's raid and confrontation with Occupy Oakland demonstrators, creates doubt about the legality of the OPD decision to declare the demonstration to be an "unlawful assembly," and, in particular, raises serious questions about the veracity of the Interim Oakland Police Chief's claim that police "had to deploy gas in order to stop the crowd and people from pelting us with bottles and rocks."

Moreover, evidence in several of the videos suggests that the multi-agency task force may have violated both CA Penal Code Section 407 and an OPD Training Bulletin [PDF] that had been adopted pursuant to a federal consent decree signed by the Oakland PD after another confrontation with protesters some years ago.

That federal consent decree was the product of litigation initiated after a brutal assault on a 2003 anti-war protest at the Port of Oakland, during which, according to civil rights attorney James B. Chanin, OPD not only deployed so-called "less than lethal firearms," but ran over demonstrators with motorcycles, and shot and arrested longshoreman who were not even a part of the demonstration.

Chanin reports that, during a deposition in the 2003 case, he "discovered" that the OPD had "infiltrated a subsequent demonstration, and even a planned route the demonstrators would take." Video posted at the end of this article shows plain-clothed, under-cover cops mingling with demonstrators at Occupy Oakland, revealing that OPD used similar infiltration techniques during recent demonstrations as well. Audio included in the video captures Interim Chief Jordan bragging about the ease of infiltration.

Yet another video, also posted below, suggests that two-tour Iraq vet Scott Olsen's brain injury was likely caused by a member of the San Francisco Sheriff's Emergency Service Unit (ESU), but, despite reports from activists on the Internet, the identity of that officer is still an open question...